[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 10-22-1992 by Ord. No.
12-92. Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Borough of Clayton Tree
Preservation and Maintenance Ordinance."
B.
Purpose. The purposes of this chapter are to establish protective
regulations that will control the indiscriminate and excessive cutting
and destruction of trees within the Borough of Clayton, to control
problems of flooding, soil erosion, air and noise pollution, to abate
the greenhouse effect and adverse atmospheric conditions and to make
Clayton a healthier and safer place to live.
C.
Intent. The intent of this chapter is to encourage the protection
of the maximum number of healthy trees within the tree protection
zone and of large specimen trees throughout the Borough, regardless
of location. The intent is not punitive nor intended to cause hardship
to any individual, private or public company which has taken responsible
care and diligence to protect the trees within Clayton or which wishes
to remove a tree for just cause within the provisions of this chapter.
A.
COMMUNITY BUILDINGS
CROWN
LANDSCAPE ARCHITECT
LANDSCAPER
PERMIT
PERSON
QUALIFIED PROFESSIONAL FORESTER
TREE
TREE DIAMETER
TREE DRIPLINE
TREE PROTECTION ZONE
TREE REMOVAL
TREE ROOT AREA
As used herein, the following terms shall be construed to have the
following meanings:
Schools, hospitals, churches, clubs, lodges or any such building
used by an organization, group or by the public generally.
The branches and foliage of a tree; the upper portion of
a tree.
A person registered as a landscape architect by the State
of New Jersey.
An individual who derives his primary source of income in
a position involving the care and planting of trees and is fully insured.
Any permit in writing as issued by a Borough official.
Any individual, person, association, company, corporation
or similar group.
A person who has a B.S./B.A. degree from a four-year school
of forestry accredited by the Society of American Foresters or its
duly recognized equivalent.
Any woody perennial having a diameter greater than four inches,
measured at a point 4 1/2 feet above the ground (diameter at
breast height or DBH).
The width of a tree measured 4 1/2 feet above the ground
(DBH).
The marking where the outer edge of a tree's branches
overhang the ground.
That portion of the lot not covered by the proposed or existing
building or improvement or within a distance of 25 feet in front and
back of said building, or five feet of said improvement of the proposed
cartway, the sidewalk portion of a street, right-of-way, utility easement
or parking area.
The cutting down of a tree, either chemically or mechanically,
the transplanting of a tree to a site other than that under development
or the intentional infliction of damage to a tree which is of such
severity as to show evidence within a period of two years of irreparable
harm leading to the ultimate death of a tree. Examples of said serious
damage include but are not limited to damage inflicted to the root
system by machinery, storage of materials and soil compaction; changing
the natural grade above or below the root system or around the trunk;
damage intentionally inflicted on the tree permitting fungus infection
or pest infestation; excessive pruning; excessive thinning; intentional
herbicide application; or paving with concrete, asphalt or other impervious
material within such proximity as to be harmful to the tree.
The area under a tree extending from the trunk to the dripline.
B.
The singular number shall include the plural, and the plural number
shall include the singular, unless the context is clearly denoted
otherwise.
A.
Applicability.
(1)
No person, directly or indirectly, shall, without first obtaining
a tree planting and removal permit as herein provided, remove or relocate
to another site any tree within a tree protection zone or any tree
having a diameter of 15 inches or greater (equivalent to 47.1 inches
circumference), regardless of location.
(2)
The provisions of this section shall be applicable when the property
in which the tree(s) is located is in excess of five acres and the
owner or his designee has submitted an application to the Clayton
Planning Board for major subdivision approval or site plan review
approval. For the purposes of calculating five acres in a subdivision
application, the total amount of all lots shall be considered.[1]
(3)
Where preliminary approval of a major subdivision, site plan or planned
development has been granted, a tree planting and removal permit must
be obtained.
(4)
When final approval of a major subdivision, resubdivision, site plan
or planned development has been granted prior to adoption of this
chapter, but where tree removal or planting has not yet been undertaken
on the subject property, a tree planting and removal plan must be
filed within 30 days of the passage of this chapter. The permit cannot
modify existing site plan approval.
(5)
No building permit shall be issued for the construction of any residential,
commercial, industrial, recreational or community buildings or accessory
buildings unless and until the developer, builder or owner files a
tree planting and removal plan and obtains approval thereof or submits
a plan previously approved.
(6)
No certificate of occupancy shall be issued unless tree removal and
planting has been in accordance with the approved plan and all trees
required to be planted have been planted in accordance with the approved
plan or a bond guaranteeing that planting has been posted.
(7)
The following trees may be removed without filing a plan:
(8)
The standards contained herein shall be minimum standards to be met
and maintained. Standards established by other Borough ordinances
or by state and federal rules and regulations shall apply where those
standards are more restrictive than the standards set forth herein.
B.
Permit procedure.
(1)
Every tree planting and removal plan submitted for approval shall
be in the form of a map depicting property boundaries and exhibits
showing:
(a)
Tax Map lot and block numbers.
(b)
Area of the tract.
(c)
Location of trees to be either removed or planted in relation
to the principal and accessory buildings, roads and driveways, parking
lots, garden areas, etc.
(d)
A list of trees to be planted, which shall be of a species shown
on the preferred tree list.
(2)
Every tree planting and removal plan must provide specifications
for removal of existing trees and protection of existing trees during
construction. Also, identify grade changes or other work adjacent
to the tree which would adversely affect it, with specifications on
how the grade, drainage and aeration will be maintained around the
tree.
(3)
All applications shall be immediately referred to the Clayton Environmental
Commission for its recommendation of approval or disapproval. Failure
on the part of the Environmental Commission to provide a recommendation
within 30 days, provided that the Environmental Commission receives
two copies of the application at least 10 days in advance of a regularly
scheduled meeting, shall be deemed a recommendation for approval.
In the event that the Environmental Commission recommends denial of
an application, it shall specify, in writing, the reason(s) for its
actions. The Planning Board shall review and consider the recommendations
of the Environmental Commission, and the recommendations shall be
made part of the record before the Planning Board.
(4)
A professional forester, if requested by the Planning Board, shall
review the tree planting and removal plan and, if necessary, inspect
the site and, in addition to the report of the Environmental Commission,
issue a report to the Planning Board setting forth his recommendations,
which shall be considered by the Planning Board. The costs of professional
services will be borne by the licensee/applicant.
(5)
The following standards and conditions shall be considered and reviewed
in advance of granting a tree planting and removal permit:
(a)
Necessity to remove trees which pose a safety hazard to pedestrian
or vehicular traffic, or threaten to cause disruption of public services.
(b)
Necessity to remove trees which pose a safety hazard to buildings.
(c)
Necessity to remove diseased trees, trees infested with destructive
insects liable to infect the healthy trees on adjacent property or
trees weakened by age, storm, fire or other injury.
(d)
Necessity to observe good forestry practices, including, but
without limitation, the number of healthy trees that a given parcel
of land will support when documented by a report prepared on behalf
of the developer by a qualified professional forester or a registered
landscape architect.
(e)
Necessity for compliance with other codes, such as zoning and
subdivision regulations, health and other environmental ordinances.
(f)
Necessity to preserve a seventy-five-foot buffer zone at the
edge of a stream, wetlands, watersheds or other similar bodies of
water.
(g)
Necessity to preserve a seventy-five-foot buffer zone of trees
and shrubs around multiple-dwelling areas, cluster developments and
commercial or industrial establishments to screen for noise, sight,
aesthetic value and/or size or height of buildings.
(h)
Necessity to prohibit tree removal from any slope if it will
contribute, in the opinion of the Planning Board, Environmental Commission
or Building Inspector, to extra runoff of surface water onto adjoining
properties and erosion and silting, unless other means approved by
the Planning Board are provided to prevent runoff and erosion.[2]
(i)
Other conditions which, in the judgment of the Environmental
Commission, warrant consideration.
Developers shall exercise care to protect trees which are to
be retained from damage during construction. The following procedures
shall be observed in order to protect remaining trees:
A.
Protection from mechanical injury.
(1)
All trees to be retained within 25 feet of a building site and lining
ingress or egress roads, parking areas and utility easements shall
be protected from equipment damage by wrapping the trunk with a section
of snow fence or boards wired together. All exposed roots, trunks
and low-hanging branches shall be equally protected. Groups of trees
may be protected by fencing the entire area where they are located.
(2)
Heavy equipment operators shall be careful not to damage existing
tree trunks and roots. Feeder roots shall not be cut closer than 25
feet from tree trunks.
(3)
Tree trunks and exposed roots damaged during construction shall be
protected from further damage by being treated immediately by a tree
surgeon.
(4)
Tree limbs damaged during construction shall be removed and/or treated
immediately by a tree surgeon.
(5)
The operation of heavy equipment over root systems shall be minimized
in order to prevent soil compaction.
(6)
Deciduous trees shall be given an application of a slow-release low-nitrogen
all-purpose fertilizer to aid in their recovery from possible damage
caused by construction operations. Such application shall be made
according to appropriate rates.
(7)
Trees shall not be used for roping, cables, signs or fencing. Nails
and spikes shall not be driven into trees.
(8)
The area around the base of existing trees shall be left open to
provide access for water and nutrients. Therefore, no impervious cover
and no storage of equipment, materials, debris or fill shall be allowed
within the dripline of any existing tree, except as may be necessary
for a maximum of three months if no other storage space is available.
B.
Protection from grade change.
(1)
Raising the grade. If an increase in the grade of the land is proposed,
the developer shall install either:
(a)
A system of gravel and drain tiles at the old soil level opening
into a dry well built around the trunk and designed for each tree,
individually fitting the contour of the land so that it drains water
away from the tree trunk.
(b)
A retaining wall between the existing grade and the higher grade.
(3)
If the proposed grade change in the opinion of the Environmental
Commission is too excessive to allow retention of existing trees,
the developer shall be required to replace the trees to be removed
on a one-to-four basis (one inch of new tree diameter for every four
inches of tree diameter removed).
C.
Protection from excavations. When digging trenches for utility lines
and other similar uses, the developer shall adhere to the following,
listed in the order of their performance:
(1)
If possible, trenches should bypass the root area.
(2)
If this is impossible, trenches should be tunneled under the trees.
(3)
If trenches must be dug past the side of a tree, the following procedures
shall be observed:
(a)
Trenches shall be no closer to the trunk than half the distance
from the dripline.
(b)
Cut as few roots as possible.
(c)
If roots have to be cut, cut them as cleanly as possible.
(d)
Paint the cut ends with an approved tree wound dressing.
(e)
Backfill the trench as soon as possible, avoiding soil compaction.
A.
Replacement of trees lost during construction. Where developers find
it impossible to retain existing trees in the tree protection zone
or any tree with a diameter of 15 inches or greater due to cutting,
filling or other construction activity, the developers shall replant
one inch of new tree diameter for every four inches of existing tree
diameter removed. New trees shall have a minimum diameter of 2 1/2
inches measured at diameter at breast height and be guaranteed for
two growing seasons. Replanting shall be done according to the standards
specified by the American Nurserymen's Association. The Borough
and the Environmental Commission shall be consulted before any replacement
trees are planted.
B.
Criteria for selection of trees. When a developer is required to
replace trees that he has removed, the developer shall replace them
with trees from the approved list of trees native to Clayton. A copy
of this approved list is available from the Environmental Commission.
A.
Any person, firm or corporation that shall violate any provision of this chapter shall be subject to the penalty provided in Chapter 1, General Provisions, Article I, Enforcement; General Penalty, § 1-2, Maximum penalty. Where more than one tree is cut or removed in violation of this chapter, the intentional cutting or removal of each individual tree shall be a separate offense.[1]
B.
If the violation is continuing in nature, each day during which it
continues shall constitute an additional, separate and distinct offense.
No provision of this chapter shall be construed to impair any
common law or statutory course of action or legal remedy therefrom
for any violation of this chapter.
For the issuance of a permit, the applicant shall pay to the
Borough of Clayton the following fees based on the total number of
trees to be removed and planted:
